CoE Legal+Human Rights Director Giakoumopoulos to EF: Europe may go Global on Data Protection
*Strasbourg/COE/Angelo Marcopolo/- The New CoE's Director General for Legal and Human Rights Affairs, Christos Giakoumopoulos from Greece, speaking to "Eurofora" after an International Conference, with key participants from all Continents of the World, on the Perspectives of the New EU and CoE Legal Tools for Personal Data Protection in the foreseable Future, that he Opened with an official speech at the PanEuropean COE's Headquarters in Strasbourg, pointed, in substance, to the Fact that Europe may, Nowadays, - thanks to EU-CoE close Cooperation, particularly in that area, and CoE's original Convention System,- develop also a much Wider, Global Impact in this Key Issue on Digital Technologies :
- EU and CoE have closely followed each other's recent efforts to Modernise their relevant Legal Tools, with EU's recent New Directive in that matter, which has just entered into force on May 2018, and CoE's New Version, adopted Earlier on 2018, of its Pioneer, Historic Convention "for the Protection of Individuals with regard to the Processing of Personal Data", with Experts striving to Coordinate their moves.
- But EU's Legal System is, in principle, Focused mainly on its 28 Member States, (27 if the UK's BREXIT is soon realized), while the PanEuropean CoE, in Addition to its 47 Member States, (including Russia, etc), has also a Particular Characteristic in many among its Legal Conventions : They can (and Often are, as in the Presenrt Case) "Also Open to Any Other, 3rd Country, even Non-Member of this Organisation, and even Beyond Europe, from All over the World, Giakoumopoulos observed.
+ AnOther such relevant Case is, f.ex., also CoE's "Budapest" Convention for the Fight against "Cyber-Crime", where f.ex., in addition to Russia, it's also, often, several Key participants from the USA who take place in its widely attended Annual Conferences in Strasbourg, a Next one being, currently, Scheduled for July 2018.
=> Thus, f.ex., CoE's relevant Convention for Personal Data Protection has Already as many as 52 Member States, in its Classic Version. And, Today, during the above-mentioned Conference, several Key Participants, also from Other Continents of the World, confirmed the current Perspectives for many Important New Accessions to Both, Old and New, "Modernized" Version(s) of that landmark Legal Treaty, including, f.ex., Representatives from Mexico, Argentina, Morocco, Ghana, New Zealand, etc., (while Others, as Tunisia and Capo Verde, etc, have Already become recently Members), to which are also Added Nowadays probable Estimations even for South Korea, Japan, Chile, etc.
- Experienced CoE's Deputy Secretary General, Gabriella Battaini-Dragoni, from Italy, who gave a Concluding Speech at the Closing Session of Today's International Conference, significantly went as Far as to even, Characteristically ...Play with Words and Express her Wish for COE's New, "Modernized" Version of its Landmark, Pioneer PanEuropean Convention for the protection of Individuals whenever their Personal Data are Processed, to Be Soon Named : "Global" Convention !...
- Nowadays, about "126 Countries", accross the World, already have some kind of "Data Protection Laws", more or less well developed, observed, meanwhile, Professor Graham Greenleaf, from Australia, before going down to more concrete Details about his Estimations on their most probable stance vis a vis Cooperation with Europe on this Topical Issue.
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- In fact, "what Counts most for the CoE, is that this Convention has Human Rights at its core, which currently, Face notorious Challenges in a "Connected" Environment of various Digital Communication Technologies, Giakoumopoulos went on to stress, as a matter of Principle.
+ Indeed, other Participants in this Conference, pointed also to the Fact that even the Modernized, New Version of the above-mentioned CoE's Convention makes an Explicit Reference to the Core Value of "Human Dignity".
CoE had, in fact, Already Drafted its main Text quite a Long Time Ago, but it had, Meanwhile, to Solve at least 2 Serious Problems : Find a workable Compromise mainly with Russia, (as far as it concerns Trans-Border Flow of Data and USA's role, as well as Security Issues, etc), and Discuss, moreover, how to Coordinate Efficiently with EU's parallel work on its Recent Directive, (Comp. Supra).
The Next Step for that CoE's "Convention 108", as it's Traditionaly nick-named, (Nowadays' New Version Adding a "Plus" after its Name, i.e. resulting in "Convention 108+"), is currently Scheduled for the forthcoming Autumn of 2018, when Dozens of Countries are Expected to Sign the "Modernized" Legal Document, whose Entry into Force has been Fixed by CoE's Highest Political Body, that of its Committee of Ministers, at the Threshhold of at least 37 Countries, a Number reportedly due to be reached in the next few years, if not even earlier.
The main point is that, Now, a Key Movement has Started, with a Political Will to Help it Spread World-wide, at the Greater possible Extend, in this particularly Global Issue.
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(NDLR : "DraftNews", as already send to "Eurofora"s Subscribers/Donors, Earlier. A more accurate, full Final Version, might be Published asap).
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Ten Years of ECHR : 1998 - 2008 show need of Revival in 2009-2010 coinciding with 2009 EU Election
A threefold, coordinated move by new Top French Political actors in the 2009 EU Parliament Elections, expressed in Strasbourg a will to boost Europe's Political dimension close to Citizens' concerns, going from protection of Economy to defence of Human Rights.
The move met an exceptional ECHR's call for a "revival" of Human Rights' protection mechanism', in a Mega-Conference, early 2010.
Obviously focusing on June 2009 Elections to EU Parliament, it involved from the outset the recently nominated "dual" Head of French Governing Party (UMP) Michel BARNIER and Rachida DATI :
- "As President Sarkozy has clearly said, we (France) are in favor of a Strong, Sovereign and Independent, Political Europe, which protects its Citizens, and not for a large Super-Market, nor for a Europe under influence",
"This goes for everything, including Energy", added to "EuroFora" the experienced former EU Commissioner, Minister of Foreign affairs, currently of Agriculture and Sarkozy's new pick as Leader of the Governing party UMP to EU 2009 Election, Michel BARNIER .
- Human Rights are important because they are at the Heart of the Political Europe that we aspire for : I.e. a Europe able to act and protect its Citizens, stressed also the New French Minister for European affairs, Bruno LE MAIRE, while meeting Strasbourg's Journalists at his first visit to the CoE.
This is one of the main interests for CoE, which is also a natural place for cooperation between EU countries and Russia or Turkey, which was recently helpful at the Middle East crisis, he added.
The move gained momentum with French Minister of Justice, Rachida Dati's main observations at ECHR's 5Oth Anniversary :
- "While we are seeking Europe's Borders and Identity, you (ECHR) remind us also of its Values", Human Rights, Dati noted.
Citizens seek more and more often ECHR's help, and the tempo accelerates, Europa awaits a symbol, while national legal orders are not freezed
And she expressed "support" to ECHR President Jean-Paul Costa's call to satisfy the vital need to revigorate the PanEuropean Court by deciding big changes at a High-Level Conference open to a large audience, a kind of "Etats Generaux" of Human Rights, at the beginning of 2010.
It's not so much the recently growing number of applications for Russia or Ukraine etc, which seems to be Costa's main concern : In fact, the cases declared "admissible" are much fewer...
But rather the persistent violations of Human Rights, sometimes very grave (ie. murders, torture, abritrary deprivation of liberty, oppression of freedom of speech, destructions of homes/properties, etc), despite numerous, repeated condemnations by ECHR. So that CoE's Ministers, due to "supervise execution" of ECHR's judgements, are overloaded.
F.ex. most Media noted that Turkey still remains, even in 2008, the 1st among 47 CoE member States in the number of condemnations by ECHR : 257, compared to 233 for Russia, with a population more than the double..
The problem is that it's not the 1st time at all : During all the last Decade 1998-2008, Turkey was condemned by ECHR much more than any other State, and for particularly grave violations :
- 1.652 condemnations, compared to 605 for Russia, 548 for Poland, 494 for France, 476 for Ukraine, etc.
Italy's second place with 1.394 condemnations is a misleading false appearance : In fact, most of them (999) concern mere "procedural delays" in national courts. Same for France.
On the contrary, Turkey was condemned 180 times for Killings, 192 times for Torture or Inhuman/Degrading treatments, 340 times for arbitrary deprivation of Liberty, 528 times for "Unfair trial", and 169 times for oppression of Freedom of speech, (etc). And the latest, 2008 numbers, indicate no change in this trend, (See supra).
The current Spanish CoE Presidency (November 2008 - May 2009) has made of the implementation of ECHR's judgements its 1st Priority.
ECHR's President, Jean-Paul Costa, stressed in its 2009 Annual Press Conference, CoE Member States' obligation to implement the judgements, according to Article 46 of the European Convention on Human Rights.
Moreover, if CoE's Committee of Ministers delays to ensure implementation, then, the repetition of violations in similar cases provokes a multiplication of complaints tabled to the Court, which overload the mecanism for the protection of Human Rights, denounced Costa.
A series of Debates on "the situation of Human Rights in Europe", focusing on the "need to fight against Impunity" of perpetrators of grave crimes, is currently prepared by CoE's Parliamentary Assembly for the session of June 2009.
The final Timing comes shortly AFTER the EU Elections, but the main Reports should have been adopted before.
Meanwhile, French President Sarkozy and German Chancelor Merkel's recent call "for a Political Europe" in 2009 EU Elections (See earlier "correspondence from Paris, Elysee Palace), seems more and more endorsed also by other EU Countries' Top MEPs :
Thus, f.ex., EU Parliament's 1st vice-President, Greek MEP Mrs Rodi KRATSA, speaking to "EuroFora", agreed that 2009 EU Election would be a "naturally good" opportunity to debate what really interests EU Citizens : "The Future of a Political Europe, able to face the Economic Crisis, with a Culture and identity which attracts the People"
(Photo taken earlier during Sarkozy's 1st visit at EU Parliament, in 2007 : Sarkozy and Merkel's Ideas for a Political Europe inspire also other EU politicians accross the continent)...
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